We deal with a number of client issues surrounding the purchase of cars and other motor vehicles privately, after things have gone wrong.
When selling a car privately you don’t need to provide any assurance that the car is in good condition or will work. Whilst there might be a moral obligation to bring up faults, there is no legal one. The general theme is ‘caveat emptor’ which is a fancy way of saying ‘buyer beware’.
What that means is that the buyer is responsible for satisfying themselves about the car they are buying and take son the risk.
Of course, if you are selling a registered car in Queensland then you must first obtain a safety certificate. Which, whilst commonly called a roadworthy has very little to do with ‘roadworthiness’ (in the sense of quality) and more to do with meeting basic standards of safety.
That is why it is always recommended buyers obtain a mechanics inspection report before buying any used vehicle. That will provide far more information on the state and condition of the car and ensure that everything functions as it should.
Other recommendations would be:
Most of the problems we have to give advice on in this area would likely not exist if the buyer and seller had thought about the car sale more thoroughly at the time.
So, with that in mind, we have drawn up a standard pro-forma car sale contract in PDF for use by private sellers and buyers.
It provides an equal amount of protection to both buyer and seller and tries not to overcomplicate things by being just 2 pages long and can be printed and completed by hand.
It might not suit every situation but will work for most and is certainly better than nothing but a few words and a handshake. So just download it and print 2 copies so both parties can have one.
We may periodically change the car sale contract now and again so be sure to check back again in future if you need another one.
We assist people make, or defend claims concerning the purchase or sale of cars or other vehicles if things ever go wrong.
DISCLAIMER: The above article was written at a specific point in time in the past and is provided as general guidance only. It is not intended to be specific legal advice to any person’s particular circumstances who may be reading it. We do not recommend you use this article as a replacement for obtaining proper legal advice on your issue and encourage anyone reading the article to obtain legal advice to ensure the above information and guidance remains valid and suits your particular circumstance. In our experience, there is no ‘one size fits all’ to legal problems!